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Sean T. McLaughlin

Sean McLaughlin is a partner in the New Orleans office of Kean Miller. He joined the firm in 2008 and practices in the admiralty and maritime, energy, construction, tax, and commercial litigation groups. He has tried cases in state courts, federal courts, and the federal tax court. He routinely defends commercial cases, high-value personal injury cases, and obtains significant recoveries for our commercial clients.

Sean is listed in Louisiana Super Lawyers as a Rising Star for 2015, 2016, 2017, and 2018.

Representative Experience
  • Representation of marine and energy companies in personal injury and contractual matters
  • Representation of clients in matters involving the Outer Continental Shelf Lands Act (“OCSLA”), including removal and jurisdictional issues and application of its choice of law provisions
  • Representation of clients in matters involving their obligation to provide or right to obtain indemnity or insurance in complex commercial and personal injury matters
  • Representation of clients in matters involving the potential application of the Louisiana Oilfield Anti-Indemnity Act (“LOIA”), the Louisiana Construction Anti-Indemnity Act, and the Texas Anti-Indemnity Act, and the Various exceptions to same
  • Representation of clients in matters related to the Longshore and Harbors Workers Compensation Act (“LHWCA”)
  • Representation of claimants to the United States Coast Guard Oil Spill Liability Fund seeking reimbursement for statutory removal expenses
  • Representation of contractors and governmental entities in matters involving statutory immunities and public projects
  • Representation of professional athletes in securities and other claims regarding investment advice and activities
  • Representation of clients in challenges to contract awards under the Louisiana Public Bid Law and federal law
  • Representation of clients in construction lien matters, including claims under the Miller Act and Louisiana law
  • Representation of clients in matters involving differing site conditions and claims for additional compensation
  • Representation of clients in contract disputes with the United States Army Corps of Engineers (“USACE”)
  • Representation of clients in contract disputes before the United States Governmental Accountability Office (“GAO”)
  • Representation of employers in matters regarding the scope and extent of their liability for the unauthorized actions of their employees
  • Representation of clients in commercial lease disputes
  • Representation of oil companies in matters regarding the scope and extent of their obligations under leases and operating agreements
  • Representation of vessel owners in title disputes
  • Representation of vessel owners in limitation of liability actions
  • Representation of taxpayers in litigation before the United States Tax Court, the State of Louisiana Board of Tax Appeals, and Louisiana state courts
Education

Sean earned his B.A. in Sociology from Louisiana State University in 2005. He earned his J.D., magna cum laude, in 2008 from the LSU Law Center where he was a member of the Order of the Coif and the Louisiana Law Review. During law school, Sean clerked for the Louisiana Department of Justice and the Legislative Bureau of the Louisiana Senate. In addition, Sean also externed with the Honorable Judge James J. Brady of the United States Middle District Court.

Admissions
  • Admitted, Louisiana, 2008; United States District Courts for the Eastern, Middle and Western Districts of Louisiana, 2008; United States Court of Appeals, Fifth Circuit, 2008; United States Tax Court, 2017
Memberships
  • New Orleans, Louisiana State and Federal Bar Associations
Articles, Publications and Presentations Community Service
  • Past Member, Race Judicata Planning Committee
  • Past Mentor, College Admission Project
Selected Trials and Major Decisions
  • First-chaired trial in a commercial lease matter involving allegations of an alleged option to extend the lease term and alleged anticipatory breach by the tenant
  • First-chaired trial in a federal tax matter involving the propriety of the client taking a multimillion dollar bad debt deduction
  • Second-chaired trial in a complex maritime matter involving an engine failure on an offshore tug; defense verdict obtained
  • Second-chaired trial in a commercial matter involving a rogue employee who committed fraud; defense verdict obtained
  • Second-chaired trial in a Jones Act matter where the plaintiff sought several million in alleged damages; defense verdict obtained
  • Obtained a settlement of over $1,000,000 for our client in a matter involving a claim for additional compensation to a governmental entity due to differing site conditions on a complex underwater construction project
  • Obtained a favorable ruling for our client regarding insurance coverage for an alleged major casualty with several million in alleged damages
  • Successfully defended the removal of an asbestos matter to federal court under the Outer Continental Shelf Lands Act (“OCSLA”) for our major oil company client
  • Obtained summary dismissal of the plaintiff’s claims for our oil company client in an offshore personal injury matter based upon the applicability of Chapter 95 of the Texas Civil Practice and Remedies Code
  • Successfully expanded the scope of Outer Continental Shelf Lands Act (“OCSLA”) removal jurisdiction to a matter involving alleged asbestos exposure on a non-OCSLA situs
  • Successfully defended the removal of a matter involving an offshore accident for our major energy company client
  • Obtained summary dismissal of the plaintiff’s claims against a major oil company in a case involving an offshore accident and several million dollars of alleged damages
  • Obtained summary dismissal of the subrogated insurer’s claims against our construction client in a commercial property damages matter
  • Successfully defended the timeliness of our vessel owner client’s limitation of liability action despite it being filed over two years after the alleged accident because the plaintiff never provided that it was previously pursuing a claim against our client “as vessel owner”
  • Obtained a ruling that admiralty jurisdiction existed even though the alleged accident occurred on a platform because the plaintiff had alleged Jones Act and unseaworthiness claims
  • Obtained summary dismissal of the plaintiff’s claims against our client by utilizing the prior settlement agreement and order entered in a related LHWCA proceedings and defended same to the United States Fifth Circuit
  • Obtained summary dismissal for an oil company in an offshore personal injury matter
  • Obtained indemnity for our client via summary judgment in an offshore personal injury matter involving several million dollars of alleged damages by successfully arguing that the Louisiana Oilfield Anti-Indemnity Act did not nullify the indemnity obligation because the contract did not “pertain to a well”
  • Obtained dismissal of the plaintiff’s claims for non-pecuniary damages in a case arising out of the sinking of a pleasure yacht
  • Obtained dismissal of the plaintiff’s antitrust claims on the basis of the State Auction Doctrine and defended same to the United States Fifth Circuit
  • Obtained summary dismissal of the plaintiff’s claims against our client in an offshore personal injury matter. The matter subsequently went to trial against another defendant and the plaintiff was awarded over $4,000,000.
  • Successfully defended our client’s title to an extremely valuable quarters barge by obtaining summary dismissal of the other alleged owner’s claim and defended same to the United States Fifth Circuit
  • Obtained a ruling finding that the seller of a quarters barge was in “bad faith” for knowingly failing to disclose a defect in the barge’s title and defended same to the United States Fifth Circuit
  • Obtained summary judgment for our national transportation company client finding that the public body violated the Louisiana public integrity statutes and was therefore liable for attorney’s fees and defended same to the United States Fifth Circuit